Excerpt: ...ern over text messages she received from her mother's boyfriend. Plaintiff formed the opinion the text messages were a reportable offense, and made an informal report to Child Protective Services. On 01/25/17, the student returned to plaintiff's office with further complaints of a sexual nature involving her mother's boyfriend. Plaintiff formed the opinion based on seeing the text messages and other information provided that reportable offenses w...

Excerpt: ... notably along the northern boundary. Plaintiff retained various experts to assess the condition, and ultimately caused to be constructed upon the property a retaining wall with accompanying drainage system. In early 2017, torrential rains caused a landslide at the property. Plaintiff contends that the various experts employed to advise, design and construct the retaining wall and drainage system breached their respective agreements and performed...

Excerpt: ...d faith and fair dealing, and fifth cause of action for unfair claim settlement practices on the ground of failure to state sufficient facts, uncertainty, and failure to attach a copy of the contract or allege its terms is SUSTAINED WITHOUT LEAVE TO AMEND. The demurrer is unopposed and the complaint shows on its face that it is incapable of amendment based on the arguments defendants raised. Defendants' amended request for judicial notice of the ...

Excerpt: ...e ruling procedure. If Plaintiffs' counsel is unable to contact Defendant's counsel prior to the hearing, Plaintiffs' counsel shall be available at the hearing, in person or by telephone, in the event Defendant's counsel appears without following the procedures set forth in Local Rule 2.9. Plaintiffs' Request for Judicial Notice is GRANTED. The Court may take judicial notice of the existence of each document in a court file, but can only take jud...

Excerpt: ...nts from defendants City of Napa, Garrett Wade, Dominic DeGuilio, Robert Chambers, and Garrett Smith (Napa Defendants). A. County Defendants' Opposition County Defendants assert the proposed amendments as to Adams are time‐barred based on an initial discovery exchange on August 28, 2015. According to County Defendants, because Adams was disclosed as a witness, plaintiffs knew Adams was involved in the case well in advance of filing the case on ...

Excerpt: ...r the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.” (Emphasis added.) In Plaintiff's Complaint, Plaintiff alleges that the injury occurred between August 2009 and August 2010, which would require Plaintiff to file his complaint by August 2013 at the latest. Even if the statute of limitations was tolled by Code of Civil Procedure s...

Excerpt: ...r judicial notice of related documents recorded in the Napa County Recorder's Office. This Court previously sustained a demurrer to these same causes of action, giving plaintiff a chance to reconsider. Pertinent Background Facts (as drawn from the pleadings and related documents) On or about 01/26/05, plaintiffs Helen and Arsenio Palle (“plaintiffs”) borrowed $439,951.00 from Bank of America, NA (“BANA”). The loan was memorialized by a pr...

Excerpt: ...those for a breach of written contract: a contract; its performance or excuse for nonperformance; breach; and damages.” (Stockton Mortg., Inc. v. Tope (2014) 233 Cal.App.4th 437, 453.) Defendant challenges the first element. To satisfy the first element, a plaintiff must allege, inter alia, mutual assent and sufficiently definite contractual terms. (Bustamante v. Intuit, Inc. (2006) 141 Cal.App.4th 199, 208; see Ersa Grae Corp. v. Fluor Corp. (...

Excerpt: ...conomic relations on the ground of failure to state sufficient facts is OVERRULED. First American acted as the escrow holder for the seller, defendant In the Vines, LLC (“ITV”). (First Amended Compl., ¶ 3.) Plaintiff Michael Venuta was not a party to the escrow. (See id.) An escrow holder does not owe a duty to a third party to the escrow, even when that third party has an interest in the escrow that is known to the escrow holder. (See Summi...

Excerpt: ... other filed on April 27, 2018 (served April 3, 2018). The April 27, 2018 motion is dismissed as duplicative. (Hon. Stone) held: “Defendant was served with the motion at a mailing address in Napa while the demand letter informing him of the default was served to an email address (Exhibit B) listed in the stipulated agreement. If plaintiff elects to refile its motion, it shall first reserve the demand letter to defendant's Napa address and email...

Excerpt: ... action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.” (Emphasis added.) In Plaintiff's Complaint, Plaintiff alleges that the <0057000300150013001400 0003005a00520058004f[d require Plaintiff to file his complaint by August 2013 at the latest. Even if the statute of limitations was tolled by Code of Ci...

Excerpt: ...rocess, the Court may impose whatever sanctions are just, including issue sanctions, evidence sanctions, terminating sanctions, and monetary sanctions. (Id., § 2023.030.) An issue sanction is an order that designated facts be taken as established against the party guilty of discovery misuse. (Id., § 2023.030, subd. (b).) It is the moving party's burden to demonstrate the responding party's failure to obey the earlier discovery order. (Corns v. ...

Excerpt: ...le issue of material fact and that Ally is entitled to judgment as matter of law on its complaint and each cause of action. This is a collections action stemming from defendant's default on a vehicle purchase agreement. Ally alleges causes of action for breach of contract, claim and delivery, injunctive relief, and indebtedness for money. “Any party may move for summary judgment in any action or proceeding if it is contended that … there is n...

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Excerpt: ...bank defendants' ties to the property at issue in this action, Tate's 2014 bankruptcy petition, and the defaulted loan on the property. The court grants the request in its entirety. Following the sale of his home (19 Redhead Street, American Canyon, CA 94503) through non‐judicial foreclosure sale on May 8, 2017, Plaintiff sues the various entities related to the origination and servicing of his home mortgage. He seeks to unwind the sale of his ...

Excerpt: ...f the file that plaintiffs are alleging that between 2010 and 2014, David Abreu performed vineyard development and management services for Defendant Michael Bello pursuant to an oral agreement in exchange for payment of amounts in excess of $1,169,112.00. After a company that was affiliated with the Bello Defendants named Walldesign, Inc., went into bankruptcy, a judgment in that case was entered against plaintiffs for the return of the $1,169,11...

Excerpt: ...g procedure. If Plaintiffs' counsel is unable to contact Defendants' counsel prior to the hearing, Plaintiffs' counsel shall be available at the hearing, in person or by telephone, in the event Defendants' counsel appears without following the procedures set forth in Local Rule 2.9. Plaintiffs' Motion is DENIED. Plaintiffs have not presented any new or different facts, circumstances, or law, as required by Code of Civil Procedure section 1008. Se...

Excerpt: ...hat she is, therefore, entitled to equitable relief from the default despite the significant passage of time since its entry. The case is set for an OSC re: Dismissal on July 31, 2018, at 2:00 p.m. in Dept. C. The clerk is directed to send notice. ...

Excerpt: ...s the original Cross‐Complaint; any proposed amendment would be from the Cross‐Complaint, as the previous pleading. In addition, the Order Denying Ex Parte Application for Order of Dismissal filed May 30, 2018 required Cross‐Complainants Callahan and Raja to verify any proposed amended crosscomplaint. The proposed amended cross‐complaint is not verified. The Motion is also not supported by a separate declaration specifying when the facts ...